What recourse do I have ifa retainer thatI paid a now deceased attorneyis caught up in a lawsuit?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What recourse do I have ifa retainer thatI paid a now deceased attorneyis caught up in a lawsuit?

I paid a lawyer a retainer for an extended period of time. He accepted this money, but knew his health was poor. Before he died, he paid another lawyer to take his cases. The family of the dead lawyer is suing the living lawyer and my retainer is now frozen in this lawsuit. I now have no lawyer and no money to hire a new one. What should I do?

Asked on October 8, 2010 under Family Law, West Virginia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

You certainly are in a predicament but there may be a way around things.  States have accounts that are set up to fund a fund that provides money to clients that have been in some way duped by attorneys.  Wet Virginia has one as well. They are known as IOLA or IOLTA accounts.  The interest on these accounts funds the funds.  Here is the contact in West Virginia through the Bar Association.  I would contact them in any event to see what help they can give to you in this matter.  Otherwise, you need to preserve your rights and file a claim against the estate of the dead attorney to be safe.  Good luck.

Thomas R. Tinder
Executive Director
West Virginia Bar Foundation
2008A Kanawha Blvd. East
Charleston WV 25311
Telephone: (304) 343-9823 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption